DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3742-19 
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 	

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 4 June 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You reenlisted in the Navy on 3 September 1988. On 26 March 1991, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing ships movement.  On 1 April 1991, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, at which point, you waived counsel and your procedural rights.  On 5 April 1991, your commanding officer recommended your discharge with an other than honorable (OTH) characterization of service.  On 19 April 1991, the discharge authority approved and directed your discharge.  On 3 May 1991, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions of your youth and immaturity, and that you had family problems. Additionally, you state, you were told your discharge would be automatically upgraded.  Your application did not include evidence to support your contentions, nor was there supporting evidence in your naval records.  Please note there is no provision of law or in Navy regulations that allows for an upgrade to the characterization of service solely due to the passage of time.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,